LEGAL UPDATES

This page contains the current year’s legal cases and statutes that are relevant to municipal police officers throughout the Commonwealth, as these cases have a direct impact on how police officers perform their day-to-day duties.

Act 22 of 2017(SB 560) – Body Worn Cameras: Removes prohibition of wearing body-worn cameras in a residence, provides public access to audio and video law enforcement recordings outside of the Right to Know Law, extends the Wiretap Act, and permits interception of certain prison recordings.

Act 30 of 2017 (SB 553) – Amending the PA Consolidated Statutes for DUIs: Amends a number of section in Title 75; brings Pennsylvania law in line with the U.S. Supreme Court’s decision in Birchfield v. North Dakota, excludes ARD from mandatory ignition interlock, and makes changes to the license suspension procedure.

Act 29 of 2017 (SB 527) – Office of the Inspector General: Establishes the position of the Office of Inspector General in Statute. The Inspector General will be appointed by the Governor and serve a term concurrent with the Governor’s term of office. This position already exists, but it exits under an Executive Order, not Administrative Code.

01/02/17: Act 134 of 2016 (11/3/16), HB 1496, PN 3918: Enhanced penalty for violation of 18 Pa.C.S. § 6105 (from F2 to F1); Previous conviction “at the time of a commission of a violation” of subsection (a); Current “physical possession or control of a firearm whether visible, concealed about the person, or within the person’s reach.”; Current language prohibits: “shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm”

01/01/17: House Bill 1154 Police officers will not be able to physically view a sticker to determine validation status.

(Miscellaneous effective dates): Act 165 of 2016 (11/4/16), HB 2025, PN 4069 Addition to definition of abandoned vehicle; Temporary registration cards are valid for 60 days; Amendment to Section 1332(b) – Obscuring registration plate; May not inhibit any automated enforcement system or electronic toll collection system; New subsection (b)(4) prohibits obscuring which “inhibits the visibility of the issuing jurisdiction” (violation of subsection is a $100 fine); Registration plate and card may be seized for suspension arising from unpaid tolls in this Commonwealth or in a reciprocal jurisdiction as provided for in new Section 1380; Hazardous materials endorsement not required for certain commercial drivers; Conviction for violating Section 3316 (pertaining to texting) now joins Sections 3325 and 3327 as authorizing an additional 5 year sentence enhancement to the otherwise applicable sentence for homicide by vehicle or aggravated assault by vehicle (eff. 1/3/17)